Textual foundation of law of crimes: harmonization between Penal Code and Islamic criminal law

Mohamad Yunus, Mohamad Ismail (2023) Textual foundation of law of crimes: harmonization between Penal Code and Islamic criminal law. Annasa Publication, Kajang, Selangor, Malaysia. ISBN 978-967-2787-16-7

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Abstract

The law of crimes defines criminal and delinquent behavior and specifies sanctions that are enforced by a threat of punishment. In Malaysia, most of the penal provisions are contained in the Malaysian and Indian Penal Code. The Code declares what acts or omissions are offenses and also provides for their punishment. It specifies the circumstances in which an act or omission will be regarded as an offense. This includes acts or omissions done intentionally, knowingly, voluntarily, fraudulently, or dishonestly. It classifies offenses such as those affecting the human body (e.g., murder, causing hurt), affecting the property (e.g., theft, robbery), affecting reputation (e.g., defamation, insult), affecting public peace (e.g., unlawful assembly, rioting) and those affecting public health and safety (e.g., adulteration of food). It also determines the nature and quantum of punishment to be given for specific offenses. Besides Malaysian and Indian Penal Code, there are numerous statutes that are either designed to punish specific offenses such as the Dangerous Drug Act 1952, or which seek to regulate specific activities and only punish those who violate the rules (e.g., the Food Act 1983). Some statutes provide for preventive detention of persons without trial in a court of law, and this is to prevent them from engaging in any activity prejudicial to the peace, order, and security. The main objective of this book is also to deal with the process of harmonization of substantive law between the two legal systems i.e. the Modern Secular Law and Islamic Criminal Law. Thus, this book will undoubtedly greatly assist law students and legal researchers who must study the subject and the lecturers who have to teach the subjects. Legal practitioners will also find this book useful as the author has sought to state the law and looked academically and critically at the Courts’ decisions. The author believes that this book will become a must for those who are interested in the field of Criminal Justice System.

Item Type:	Book
Uncontrolled Keywords:	Criminal Law, Penal Code, Islamic Law, Harmonization of Laws, Comparative Study
Subjects:	BPK Islamic law. Shari'ah. Fiqh K Law > K5000 Criminal Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	31 Jul 2024 16:29
Last Modified:	01 Aug 2024 08:35
URI:	http://irep.iium.edu.my/id/eprint/113495

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